Excluded Downtime Clause Samples
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Excluded Downtime. Downtime due to, associated with, or caused by (a) misuse, negligence, or operator error, (b) inadequate environmental conditions (not conforming with the environmental specifications provided by Supplier), including temperature and humidity, line power exceeding Supplier’s requirements of voltage, frequency, impulses or transients, or (c) acts of God are specifically excluded from, and will not be considered for purposes of, the Uptime Performance guarantee. In addition, the Equipment will be considered operational during periods in which Supplier is performing scheduled or preventive maintenance, changing x-ray tube(s), and installing upgrades.
Excluded Downtime. The following events or issues will not be counted toward Downtime (such events/issues are referred to collectively as "Excluded Downtime"):
(a) Scheduled Downtime" to complete maintenance including system upgrades and updates.
(b) Issues related to integrations configured by ▇▇▇▇▇▇ and any configuration or performance issues related thereto.
(c) Network problems which are beyond Invoice Cloud’s control such as ▇▇▇▇▇▇’▇ internet connection, firewall, or routing configurations preventing data from flowing to or from the hosted web applications, or faulty routing tables between ▇▇▇▇▇▇’▇ internet service provider and the hosted web applications.
(d) Issues related to the performance of ▇▇▇▇▇▇’▇ billing system, vendors, subcontractors, or other third parties that are outside of Invoice Cloud's control and management.
(e) Errors or delays caused by ▇▇▇▇▇▇.
(f) Force Majeure" events which include, but are not limited to, war or region-wide calamity that no vendor could reasonably prevent against using commercially available disaster preparedness techniques. For purposes of measuring the service levels of the DPPM Services only, Force Majeure events do not include routine natural disasters, such as an earthquake, fire, or similar routine disaster that would necessitate the transfer of the DPPM Services to a disaster recovery facility.
(g) Any other issues or events that are beyond Invoice Cloud's or its subcontractors’ control.
Excluded Downtime. “Excluded Downtime” means any Downtime that is the result of: ● Any interface or service controlled by Customer. ● Circumstances beyond Revaluate’s reasonable control such as floods, war and acts of god. ● Scheduled maintenance that has been communicated to Customer by Revaluate in advance with a reasonable notice period.
Excluded Downtime. Provider shall not owe Customer any Service Level Credits to the extent that Provider fails to meet a Service Level Objective due to “Excluded Downtime” defines as follows: (i) support issues for software or portions of the managed products that are unauthorized modifications made by Customer or third parties; (ii) failure of, or issues arising from, computing or networking hardware, Internet failures, or equipment or programs not within the reasonable control of Provider or its service providers; (iii) failure of, or issues arising from, applications, equipment or programs that interact with application APIs, including Third Party Services; (iv) issues or outages caused by Customer’s or its users misuse of the Provider Applications; (v) scheduled downtime and maintenance; (vi) a failure or malfunction resulting from scripts, Customer Data, or other materials provided by Customer or third parties acting on behalf of Customer; (v) outages initiated by Provider at Customer’s request or direction for maintenance, back up, compliance testing, or other purposes; or (vi) lack of availability or untimely response time by Customer or the pertinent third party provider to respond to incidents that require Customer’s or such third party provider’s participation for source identification and/or resolution.
Excluded Downtime. Any time during which the ▇▇▇▇▇▇▇▇.▇▇▇▇▇ Service or a managed ClickHouse cluster is inoperable or unavailable: (i) due to failure of Customer’s network or Internet access, or (ii) a Force Majeure Event, or (iii) user actions such as version upgrade or excess load from applications that cause transient unavailability of ClickHouse clusters, will not constitute Downtime.
Excluded Downtime. 3.1. This SLA is written in good faith. Symplify will always do everything possible to rectify every issue in a timely manner. However, there are exclusions. Symplify is not liable for failure to meet the Service Level, or otherwise responsible for downtime or unavailability of the Symplify communication platform, which is caused by any of the following circumstances:
3.1.1. Permitted Downtime (as defined in Symplify General Terms and Conditions),
3.1.2. Use of the Services in violation of the Agreement, DM Regulations or applicable laws,
3.1.3. Software, services or third-party solutions not provided by Symplify, and/or
3.1.4. Any other circumstance(s) for which Simplify is not responsible pursuant to the Agreement.
3.2. Where planned maintenance is concerned, Symplify will inform customers who are affected by the maintenance through the dashboard interface on each customer's account.
Excluded Downtime. The following events or issues will not be counted toward Downtime (such events/issues are referred to collectively as "Excluded Downtime"):